REGENCY SORAJ INFRASTRUCTURES Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner- Regency Soraj Infrastructures is a joint venture between M/s Flower Valley Properties and Buildcon and M/s L.K. Corporation. Pursuant to permission granted by the District Industrial Centre vide letter dated 3rd January, 2005 and the commencement certificate dated 7th January, 2005 issued by the Pune Municipal Corporation, they have constructed Information Technology Park named Metropolitant in Shivaji Nagar, Pune-Mumbai Road.

(2.) On 23rd September, 2006, they filed an application with the Ministry of Commerce and Industries for registration of the industrial park under the Industrial Park Scheme, 2002 (2002, Scheme, for short) to avail of benefits/exemption under Section 80IA of the Income Tax Act, 1961 (Act, for short). Thereafter, some correspondence was exchanged and information/details were furnished. The petitioner was required and furnished vide letter dated 29th August, 2007 first and final completion certificate issued by Pune Municipal Corporation dated 29th August, 2007. By letter dated 21st/22nd May, 2009, the petitioner was informed that their case was considered by the Empowered Committee in their meeting held on 18th September, 2008 and since the date of commencement of park was after 31st March, 2006, their application was not covered under the 2002, Scheme. The petitioner was asked to explain why the application should not be treated as closed being ineligible under the 2002, Scheme. Attention of the petitioner was drawn to the Industrial Park Scheme, 2008 (2008, Scheme) notified by the Central Board of Direct Taxes, Department of Revenue on 8th January, 2008 in respect of parks which had come up on or after 1st April, 2006.

(3.) The petitioner submitted their justification dated 22nd June, 2009. However, vide letter dated 28th July, 2009, the petitioner was informed that the 2002, Scheme which was administered by the Ministry of Commerce and Industries had ended on 31st March, 2006. Thereafter, the 2008, Scheme was notified on 8th January, 2008 and parks set up on or after 1st April, 2006 but not later than 31st March, 2009 were covered by the said scheme. The 2008, Scheme was notified by Central Board of Direct Taxes (CBDT). Therefore, the Department of Industrial Policy and Promotion under the Ministry of Commerce and Industries did not have mandate and was not the administering agency of the 2008, Scheme and the application of the petitioner was returned.